Uniform Civil Code
- It establishes a unified law for the entire country that regulates the private matters of all religious sects, including marriage, inheritance, and adoption.
- The government is required by Article 44 to make every endeavour to offer UCCs for its citizens throughout the whole Indian subcontinent.
The Constituent Assembly’s stance on the UCC is as follows:
- The fundamental rights subcommittee of Sardar Vallabhbhai Patel came to the judgement that obtaining a UCC was not covered by fundamental rights.
- According to Bengal member Naziruddin Ahmad, UCC would infringe upon Article 25 of the current constitution, which replaces Article 19 of the original constitution (which guarantees the right to freedom of religion subject to public order, morality, and health).
- UCC would support women’s equality and racial harmony, according to member K.M. Munshi.
- According to B.R. Ambedkar, the Article “merely” recommended that the state attempt to establish a UCC; as a result, not all citizens would be subject to it.
Arguments in favour of UCC:
- Thanks to rules like the Criminal Procedure Code and the Civil Procedure Code, among other things, cases are largely consistent throughout India.
- Gender Justice: If a UCC is put into place, all personal laws will be eliminated. The present laws’ prejudice against women will be eliminated.
- Instead of enforcing separate laws for different citizens based on their religious convictions, a secular society needs a common law that applies to all citizens.
- several Indian communities, for example: Despite the Hindu Code Bill’s adoption, not all Hindus are governed by the same personal laws.
- Shariat Act: Neither the Muslim personal law nor the 1937 Shariat Act have a consistent range of application.
- The Hindu Marriage Act of 1955 forbids marriages between members of the same close family, although in the south of India, they are fortunate.
- According to the Hindu Succession Act of 1956, wives are neither coheirs nor entitled to an equal share of the inheritance.
Contrary arguments to UCC:
- Because there are numerous variations of already codified civil and criminal laws, the concept of “one nation, one law” cannot be applied to the numerous personal laws of different communities.
- constitutional law specialists: The original drafters did not demand absolute uniformity.
- Personal laws, for instance, were added to the list of concurrent laws.
- Customary laws: Numerous tribal groups in the country uphold their own set of laws, regardless of their affiliation with a particular religion.
- Communal politics: It is believed that communal politics is where the desire for a universal civil code is defined.
- Article 25 safeguards the right to practise and spread any religion.
UCC in the opinion of the Law Commission:
- Secularism could not be in opposition to the plurality that was the national norm, so “uniformity” was not a requirement for a united nation.
- UCC: It is neither necessary nor desirable at this time.
Recommendation of the Law Commission:
- It’s critical to examine and alter discriminatory practices, viewpoints, and social norms within a particular religion.
- Making marriage legal for both boys and girls at age 18 will allow them to get married as partners
- Making both men’s and women’s infidelity a basis for divorce would simplify the divorce process.
What is the government’s stance?
- Government: No panel will be established to carry out the UCC.
- The chairman and members of the 22nd Law Commission (2021): They have not yet been selected.
How to Proceed:
- A UCC may be gradually incorporated by the government with regard to distinct aspects such as marriage, adoption, succession, and maintenance.
- Government and society: They can find common ground with social reformers rather than religious conservatives.
- Codification of all personal laws: All prejudices and stereotypes would be made public and could be tested against the fundamental freedoms guaranteed by the Constitution.
